| Matter of Diaz v Meyers |
| Motion No: 2022-07410 |
| Slip Opinion No: 2023 NY Slip Op 68649(U) |
| Decided on June 14, 2023 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M289512
/SW
MARK C. DILLON, J.P.
JOSEPH J. MALTESE
BARRY E. WARHIT
LILLIAN WAN, JJ.
|
2022-07410 In the Matter of Jonathan Diaz, appellant, v Reva Meyers, respondent. (Docket Nos. V-205-2019, V-207-2019)
| DECISION & ORDER ON MOTION |
Appeal by Jonathan Diaz from an order of the Supreme Court, Queens County, dated July 28, 2022. By order to show cause dated April 3, 2023, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated February 3, 2023, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).
Now, upon the order to show cause and no papers having been filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated February 3, 2023, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).
DILLON, J.P., MALTESE, WARHIT and WAN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court